People v. Matthews CA2/6
CourtCalifornia Court of Appeal
Date FiledOctober 26, 2026
DocketB348891
StatusUnpublished
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Full Opinion
Filed 10/26/26 P. v. Matthews CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B348891
(Super. Ct. No. 25PT-00312)
Plaintiff and Respondent, (San Luis Obispo County)
v.
GENE MATTHEWS, III,
Defendant and Appellant.
Gene Matthews, III, appeals from the judgment entered
after the trial court determined he met the criteria for
commitment as an offender with a mental health disorder
(OMHD) pursuant to Penal Code section 2962.1 He contends the
prosecution failed to present sufficient evidence that his severe
mental health disorder was one of the causes of or was an
aggravating factor in the qualifying offense, and that he
represents a substantial danger of physical harm to others. We
affirm.
1 All further statutory references are to the Penal Code.
Factual and Procedural Background
The Underlying Offense
In January 2019, appellant stabbed his roommate with a
butcher knife 13 times. The victim, who had been asleep at the
time, survived the attack but required surgery for a hemothorax
and a lacerated liver.
The Los Angeles County District Attorney’s Office charged
appellant with attempted murder (§§ 664, 187, subd. (a), count 1),
along with several related special allegations. The District
Attorney later amended the information to add an additional
charge of assault with a deadly weapon. (§ 245, subd. (a)(1),
count 2.) Appellant pleaded no contest to count 2, admitted a
section 667, subdivision (a)(1) special allegation, and was
sentenced to state prison for nine years.
The Board of Parole Hearing
On April 10, 2025, the Board of Prison Terms (BPT)
determined appellant met the criteria for treatment through the
Department of Mental Health pursuant to section 2962.
Appellant filed a petition requesting a hearing for review of the
BPT’s determination. (§ 2966, subd. (b).) Both sides waived jury
trial and the matter proceeded to a court trial.
OMHD Hearing
The parties stipulated that appellant received the
minimum treatment for at least 90 days prior to his petition. The
parties further stipulated to the admission of numerous exhibits,
including appellant’s legal and medical records.2
2These records include: a certified CLETS rap sheet for
appellant (Exh. A); Los Angeles Superior Court records (Exh. B);
Hawthorne Police Department records (Exhs. C & D); Los
Angeles County Department of Health Services Integrated
2
The People’s Case
Dr. Rebecca Aponte, a forensic psychologist at Atascadero
State Hospital (ASH), testified that she interviewed appellant on
June 15, 2025, met with his admitting psychologist, and reviewed
appellant’s legal and medical history. Dr. Aponte opined that
appellant suffers from a delusional disorder, persecutory type,
which qualified as a severe mental health disorder for purposes of
an OMHD evaluation.
Dr. Aponte described appellant’s disorder as a type of
psychotic illness characterized by delusions and paranoia.
Appellant expressed his belief that numerous people were
involved in conspiracies against him or were persecuting him in
different ways, including sheriff’s deputies, various members of
the LGBTQ community, and members of a prison gang called
Gang Boy Gangsters. Dr. Aponte opined that although there
“may be some kernel of truth” to appellant’s beliefs, they were
“beyond what would be supported by the evidence.”
Dr. Aponte testified that six weeks prior to the qualifying
offense, appellant was involved in an incident in which he was
being chased by police and was shot in the leg. Appellant
reported he was experiencing “ ‘a lot of drama’ at the time.” Dr.
Aponte explained that appellant believed he was being targeted
by unidentified individuals connected to a YouTube channel that
he claimed exposed celebrities and police officers as members of
the LGBTQ community or the Illuminati.
Correctional Health Services medical records (Exh. E); parole
case records (Exh. F); California Correctional Health Care
Services Report (Exh. G); ASH records (Exh. H); and a recording
of the victim (Exh. I).
3
Dr. Aponte testified that appellant’s severe mental health
disorder was at least an aggravating factor in the commission of
his qualifying offense. Dr. Aponte based her conclusion on
appellant’s “heightened paranoia” and delusions both before and
after the offense. Dr. Aponte did not find appellant’s report that
the victim attacked him first to be credible. Dr. Aponte noted
that appellant later made comments that the victim was “gay or
transgender,” which appeared to “tie in with some of his previous
delusions.” In county jail, appellant reported he felt like
everyone was out to get him. Dr. Aponte described an incident in
which appellant claimed other inmates left a decapitated head
under his chair in the dayroom. Appellant said this was done
“specifically to threaten him.” When Dr. Aponte asked appellant
to specify whether the head was human, animal, or a doll’s head,
he was unable to do so.
Dr. Aponte testified that although appellant’s mental
health disorder was in remission at the time of the Board of
Parole Hearing (BPH), she did not believe it could be kept in
remission without treatment. She based her opinion on the fact
that appellant required an “involuntary medication order, for
dangerousness to others during the time he was in CDCR
[California Department of Corrections], and within the year
preceding his Board of Parole certification date.”
Dr. Aponte found appellant represented a substantial risk
of physical harm to others by reason of his severe mental health
disorder. Dr. Aponte opined “the single most important factor”
was appellant’s history of acting out violently due to his mental
health illness. Dr. Aponte relied on appellant’s prior rule
violation reports, some of which were found to be related to his
mental health disorder and included battery on a peace officer.
4
In another incident, appellant put signs on his cell door and
“acknowledged” they were “related to his persecutory beliefs
about gay and transgender people.” Dr. Aponte noted that
shortly after appellant was put on a forced medication order, he
stopped incurring rule violations.
Dr. Aponte also considered appellant’s lack of insight, his
self-report of substance use, and his discharge plan. Dr. Aponte
noted, to appellant’s credit, that he said he would take his
medication, but he has also reported that he did not believe he
had a mental illness and did not need medication. Appellant
attributed his behavioral change to having been transferred away
from people who were causing problems for him. Dr. Aponte
opined this undermined the likelihood appellant would be
treatment compliant in the future or be able to control himself in
the future if symptomatic.
Defense Case
Dr. Guillermo Franco, a forensic psychologist with the
CDCR, testified that he interviewed appellant on October 21,
2024. Dr. Franco diagnosed appellant with unspecified
schizophrenia spectrum and other psychotic disorder, which met
the statutory definition of a severe mental health disorder as
defined in section 2960.
Dr. Franco did not believe there was a “clear indication”
that appellant’s underlying mental health issues were a cause or
aggravating factor in the qualifying offense. In making this
determination, Dr. Franco explained he had “very limited
information” about the crime. The only documentation he had
was the probation officer’s report, which was only four to six
sentences and did not indicate any type of underlying mental
health issues at the time of the offense. Dr. Franco acknowledged
5
the report used the term “mentally disturbed,” but explained this
term is used “very inconsistently” and “doesn’t mean much” to
him.
Dr. Franco explained the “only thing” he had in terms of
mental health documentation to guide him was from appellant’s
prison term from 2015 to 2017. During that time, appellant did
not receive any mental health treatment, was “cleared for mental
health the entirety of his incarceration,” and completed Post
Release Community Supervision satisfactorily.
Dr. Franco acknowledged appellant had a history of
exhibiting persecutory beliefs and delusions but explained a lot of
it was based on “self-reports.” Dr. Franco opined that given
appellant’s criminal history and past involvement in gangs,
“some paranoid ideation . . . can be viewed as normally reality
based.”
Dr. Franco opined that appellant’s severe mental health
disorder was not in remission and could not be kept in remission
without treatment.
Dr. Franco concluded appellant did not represent a
substantial risk of physical harm. In reaching this conclusion,
Dr. Franco considered that appellant was on the lowest level of
mental health care in CDCR. He had not received any rule
violation reports in the 18 months prior to the interview. During
the interview, appellant did not engage in any delusional
thinking. Dr. Franco believed appellant’s parole plans were
“viable.” However, Dr. Franco did express concern regarding
appellant’s marijuana use “because of the link between paranoia
and longstanding marijuana abuse.”
On cross examination, Dr. Franco acknowledged that he
looked at the rule violation reports in connection with appellant’s
6
delusions and violent conduct, but declined to testify to any
details because the reports were “all over the place,” and “not
very accurate.” Dr. Franco explained his analysis focused on the
“temporal proximity” of the crime.
When the prosecutor asked if Dr. Franco had access to the
jail records that showed appellant was behaving inappropriately
and still symptomatic immediately preceding and after the
qualifying offense, Dr. Franco conceded he did not. Dr. Franco
also conceded he had no information as to whether appellant was
taking medication at the time of the offense. Dr. Franco further
acknowledged that appellant had no remorse for the qualifying
offense.
After listening to testimony and considering the evidence,
the trial court found Dr. Aponte to be more credible than Dr.
Franco. The trial court based its decision “primarily” on
appellant’s “own statements . . . about his paranoia and things he
was experiencing surrounding the commit[ment] offense.” The
trial court found no other explanation for why appellant would
have attacked the sleeping victim.
The trial court found appellant met the requisite criteria in
section 2962, beyond a reasonable doubt, and ordered him
admitted to the Department of State Hospitals for treatment as
an OMHD.
Discussion
Under the OMHD Act (§ 2960 et seq.), a prisoner
adjudicated an OMHD may be civilly committed during and after
parole if certain criteria are met. (§§ 2962, 2966.) Those criteria
include the following: (1) the prisoner has a severe mental health
disorder that is not in remission or cannot be kept in remission
without treatment; (2) the severe mental health disorder was one
7
of the causes of, or was an aggravating factor in, the commission
of a crime for which the defendant was sentenced to prison; (3)
the prisoner has been in treatment for the severe mental health
disorder for 90 days or more within the year prior to his parole or
release; (4) by reason of the prisoner’s severe mental health
disorder, he represents a substantial danger of physical harm to
others; and (5) the crime for which the prisoner was sentenced
falls into one of a number of specified categories. (§ 2962, subds.
(a)-(d)(1), (e); People v. Clark (2000) 82 Cal.App.4th 1072, 1075-
1076 (Clark).)
We review the trial court’s findings at an OMHD
proceeding for substantial evidence. (People v. Labelle (2010) 190
Cal.App.4th 149, 151.) Under this standard, “[we] must
determine whether, on the whole record, a rational trier of fact
could have found that defendant is an [OMHD] beyond a
reasonable doubt, considering all the evidence in the light which
is most favorable to the People, and drawing all inferences the
trier could reasonably have made to support the finding.” (Clark,
supra, 82 Cal.App.4th at p. 1082.) It is not our function to
reweigh the evidence or redetermine witness credibility. (People
v. Poe (1999) 74 Cal.App.4th 826, 830 (Poe).)
Appellant contends the record fails to provide substantial
evidence that he meets the criteria as an OMHD. He claims Dr.
Aponte’s opinions that (1) appellant’s severe mental health
disorder was at least an aggravating factor, and (2) appellant
presented a substantial danger of physical harm to others “lacked
sufficient evidentiary foundation.” Neither contention has merit.
Here, Dr. Aponte testified that appellant’s severe mental
health disorder was at least an aggravating factor in the
commission of his qualifying offense. She explained that leading
8
up to and after the offense, appellant was experiencing
“heightened paranoia” and delusions. He was not taking his
medication and was not under the influence of any substances at
the time. According to Dr. Aponte, appellant’s comments “that
the victim . . . was gay or transgender” were consistent with his
delusional thinking. From this testimony, a reasonable trier of
fact could conclude appellant’s severe mental health disorder was
at least an aggravating factor in the qualifying offense. (See
People v. Valdez (2001) 89 Cal.App.4th 1013, 1018.)
Appellant disagrees. He contends that Dr. Franco, “a ten-
year forensic veteran,” considered the same evidence as Dr.
Aponte and found it to be unreliable and speculative.
But the trial court resolved any conflict in the evidence by
crediting Dr. Aponte’s testimony. “It is not the role of this court
to redetermine the credibility of experts or to reweigh the relative
strength of their conclusions.” (See Poe, supra, 74 Cal.App.4th at
p. 831.)
Appellant’s second contention that insufficient evidence
supports a finding that he presented a substantial danger of
physical harm to others is also without merit.
A substantial danger of physical harm to others means “a
prediction of future dangerousness by mental health
professionals.” (In re Qawi (2004) 32 Cal.4th 1, 24.) A mental
health professional “may and should take into account the
prisoner’s entire history in making an [OMHD] evaluation. This
includes prior violent offenses as well as the prisoner’s mental
health history.” (People v. Pace (1994) 27 Cal.App.4th 795, 799.)
“A prior violent offense has a tendency in reason to show that the
prisoner poses a ‘substantial danger of physical harm to others.’ ”
(Ibid.)
9
Here, Dr. Aponte found that appellant represented a
substantial risk of physical harm to others based on his history of
acting out violently due to his mental illness, his need to be
involuntarily medicated, and his substance abuse. She also cited
appellant’s history of rule violation reports in prison, some of
which were related to his severe mental health disorder. Dr.
Aponte cited appellant’s lack of insight into his mental illness
and his need for medication, which undermined the likelihood
that appellant would be treatment compliant or have the ability
to control himself if symptomatic in the future.
This evidence supports the trial court’s commitment order.
(See People v. Bowers (2006) 145 Cal.App.4th 870, 879 [“A single
psychiatric opinion that an individual is dangerous because of a
mental disorder constitutes substantial evidence to support” the
commitment order].)
For the first time in his reply brief, appellant contends the
trial court abused its discretion in admitting and relying on
hearsay evidence presented by Dr. Aponte. For example, he
claims prior to testifying about the rule violation reports, Dr.
Aponte had to look at the record to ascertain details, then relayed
those details to the trial court by testifying to case specific
information in violation of People v. Sanchez (2016) 63 Cal.4th
665. He claims this was prejudicial because Dr. Aponte’s
opinions were “inextricably enmeshed with details lacking in
foundation, reliability, or trustworthiness.”
But appellant forfeited this claim by failing to object below.
“[T]he failure to object to the admission of expert testimony or
hearsay at trial forfeits an appellate claim that such evidence
was improperly admitted. [Citations.]” (People v. Stevens (2015)
62 Cal.4th 325, 333; see also People v. Yates (2018) 25
10
Cal.App.5th 474, 487 [forfeiture found where “defense counsel did
not once object under Sanchez or, except on two occasions, on any
hearsay ground at all”].)
But even absent forfeiture, appellant’s contention is
meritless. In finding appellant met the criteria for commitment
as an OMHD, beyond a reasonable doubt, the trial court
expressly considered all of the evidence, including appellant’s
“own statements . . . about his paranoia and things he was
experiencing surrounding the commit[ment] offense.” On this
record, any error is harmless. (People v. Watson (1956) 46 Cal.2d
818, 836.)
Disposition
The judgment (OMHD commitment order) is affirmed.
NOT TO BE PUBLISHED.
YEGAN, J.
We concur:
CODY, P. J.
BALTODANO, J.
11
Timothy S. Covello, Judge
Superior Court County of San Luis Obispo
_____________________________
B. Jolene Lewis, under appointment by the Court of
Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Charles C. Ragland, Chief
Assistant Attorney General, Susan Sullivan Pithey, Senior
Assistant Attorney General, Kenneth C. Byrne, Supervising
Deputy Attorney General, Eric J. Kohm, Deputy Attorney
General, for Plaintiff and Respondent.